protecting the civil rights of american...
TRANSCRIPT
Protecting the Civil Rights of American Indians
Carrie Pagnucco
Trial Attorney
U.S. Department of Justice, Civil Rights Division
Housing and Civil Enforcement Section
Summary of Presentation
Laws enforced by the Housing and Civil Enforcement Section
(HCE)
Focus on the Fair Housing Act (FHA)
Prohibitions
Enforcement
DOJ’s Enforcement Activities
Fair Lending Enforcement under the Equal Credit Opportunity
Act (ECOA/FHA)
Remedying Discrimination in Public Accommodations (Title II
of the Civil Rights Act of 1964)
Sources of Additional Information
Laws Enforced by HCE
Fair Housing Act (FHA)
Equal Credit Opportunity Act (ECOA)
Title II of Civil Rights Act of 1964
Religious Land Use and Institutionalized Persons Act (RLUIPA)
Servicemembers Civil Relief Act (SCRA)
Fair Housing Act (FHA)
Prohibits housing discrimination on the basis of:
race
color
religion
national origin
sex
familial status
disability
Equal Credit Opportunity Act (ECOA)
Prohibits creditors from discriminating against credit applicants on the basis of:
race color religion
national origin sex marital status age receipt of public assistance exercise of rights under Consumer Credit Protection Act
Title II of Civil Rights Act of 1964
Prohibits discrimination in certain places of public
accommodation (hotels, restaurants, and places
of entertainment) because of:
race
color
religion
national origin
Religious Land Use and
Institutionalized Persons Act (RLUIPA)
Protects individuals, houses of worship, and
other religious institutions from discriminatory
or unduly burdensome zoning and
landmarking laws
Servicemembers Civil Relief Act
(SCRA)
Protects military members as they enter active
duty, covering such issues as:
rental agreements, pre-paid rent, security deposits
eviction
installment contracts
credit card and mortgage interest rates
mortgage foreclosure, civil judicial proceedings
automobile leases
life and health insurance
income tax payments
Overview: Fair Housing Act (FHA)
Coverage and prohibitions
Complaints
Roles of DOJ, HUD, others
DOJ’s enforcement activities
Overview
Examples
Pop Quiz: Your Knowledge of the FHA
True or False?
Landlords may charge people of some ethnic groups a higher security deposit.
Under certain conditions, an apartment complex may exclude families with children.
All dwellings are covered by the FHA’s physical accessibility requirements.
True or False?
A landlord may not request sexual favors in exchange for rent.
A landlord may run an advertisement stating that he prefers to rent to someone of a particular religion.
A landlord may be held responsible for the discriminatory acts committed by the landlord’s rental manager.
FHA Coverage: “Dwellings”
“any building, structure, or portion thereof” occupied or intended to be occupied as a residence by one or more families
Dwellings:
Houses and townhouses
Apartments and condominiums
Student housing
Homeless Shelters (in certain circumstances)
Vacation time shares
Not dwellings:
Hotels and other places of “temporary sojourn”
FHA Prohibits
Refusing to sell or rent after making bona fide offer Refusing to negotiate for sale or rental of dwelling Making unavailable or denying a dwelling Discriminating in “terms, conditions, or privileges” or “in the provision of services or facilities” Making, printing, or publishing a statement or advertisement indicating a preference or limitation
FHA Prohibits
Representing that a dwelling is not available when
in fact it is
Discriminating in residential real estate-related
transactions or in the terms or conditions of such
transactions
Intimidating, threatening, or interfering with any
person for exercising her/his housing rights
Criminal threats, use of force, intimidation or
interference
What to do if you believe you or someone
you know is a victim of discrimination
File a lawsuit within 2 years after the occurrence or termination of the alleged discriminatory act File a complaint within 1 year with HUD or equivalent state agency If possible criminal conduct, call local law enforcement If you’re not sure whether there is a violation, ask If you have information that suggests a “pattern or practice” of discrimination in housing, call or email DOJ
FHA Enforcement: HUD
Issues regulations implementing the FHA Provides technical assistance Investigates individual complaints of housing discrimination and attempts conciliation Refers pattern or practice cases and land use or zoning cases to DOJ May issue a “charge” of discrimination if “reasonable cause” to believe discrimination occurred Represents complainants in administrative hearings unless either party elects to proceed in federal court
FHAP and FHIP
Fair Housing Assistance Program
Fair Housing Initiatives Program
FHA Enforcement: DOJ
Files “election” cases from HUD; acts on behalf
of complainant (who may intervene in suit)
Investigates other HUD referrals for possible
enforcement action
Independent authority to initiate lawsuits
“Pattern or practice” of discrimination
Denial of rights to group of persons
Fair Housing Testing Program
FHA Enforcement: DOJ Remedies
Injunctive relief
correction
prevention
Monetary damages for victims
Civil penalties ($75K/$150K)
Spotlight:
Accessible Housing
The FHA covers residential multi-family dwellings (four or more units) built for first occupancy after March 13, 1991
all units in buildings with one or more elevator
all ground floor units in buildings without an elevator
Projects must comply with certain modest requirements for accessible design in new construction
Accessible Housing
FHA Design and Construction
Requirements
1. Accessible building entrance on an accessible route
2. Accessible public and common use areas
3. Usable doors
4. Accessible routes into and through the covered unit
5. Accessible light switches, electrical outlets, thermostats and other environmental controls
6. Reinforced walls in bathrooms for installation of grab bars
7. Usable kitchens and bathrooms
7
Spotlight:
Sexual Harassment
Sexual Harassment in Housing
Common allegations:
Inappropriate touching/groping
Exposing body
Making sexual comments/jokes
Requesting sexual acts in exchange for reduced rents, delayed evictions, repairs or other housing benefits (including housing vouchers)
Taking adverse actions when tenants resisted those sexual overtures
All of the Following Could Support a
Claim of Sexual Harassment in Housing
“The security guard at my building constantly makes comments about my body”
“My Section 8 caseworker asked me for sexual favors in exchange for a unit transfer”
“When I went to look at a unit available for rent, the landlord asked if I had any nude pictures on my phone”
“I went to visit my friend at her apartment, and her landlord groped me”
Spotlight:
Fair Housing Testing Program
What is testing?
“‘[T]esters’ are individuals who, without an
intent to rent or purchase a home or apartment,
pose as renters or purchasers for the purpose
of collecting evidence” of unlawful
discriminatory housing practices.
Havens Realty Corp. v. Coleman, 455 U.S. 363
(1982)
DOJ Fair Housing Testing Program
Established in 1991 – began testing in 1992
Unit within Housing Section of the Civil Rights Division
Designs and coordinates testing all across U.S.
Testing cases involving American Indians
To date: Over 108 cases developed, resulting in over $14 million in total relief
DOJ FHA Enforcement
Since January 1, 2010, DOJ has:
Filed 221 cases to enforce the FHA
Achieved 281 FHA settlements
DOJ Enforcement:
Examples of Recent FHA Cases
U.S. v. Brinson (D. Nev.): familial status
U.S. v. Southwind Village et al. (M.D. Fla.): race
U.S. v. SE. Cmty. and Family Servs., Inc.
(M.D.N.C.): sexual harassment
U.S. v. City of Beaumont (E.D. Tex.): disability –
land use/zoning
DOJ Enforcement: Examples of FHA Cases Involving
Discrimination Against American Indians
U.S. v. Board of County Commissioners of the County of Montezuma (D. Colo.) U.S. v. JPW Ventures (D.N.D.) U.S. v. City of Milwaukee (E.D. Wis.)
FHA Enforcement: You
“Private Attorneys General”
DOJ Fair Lending Basics
Statutes: Fair Housing Act
Equal Credit Opportunity Act
Servicemembers Civil Relief Act
Types of Lending Issues Covered
FHA
Discrimination in “the
terms and conditions, or
services in connection
with, sale of housing”
Applies to mortgage
and other housing-
related loans
ECOA
Discrimination in any
aspect of a credit
transaction
Applies to:
• Mortgage and other
housing-related loans
• Other consumer loans
• Small business loans
Protected Classes
FHA
• race, color or national
origin
• sex
• religion
• disability
• familial status
ECOA
• race, color or national
origin
• sex
• religion
• age
• marital status
• receipt of public
assistance
• exercise of rights under
CCPA
Sources of Fair Lending Cases
Mandatory referrals from regulatory
agencies
Permissive referrals from regulatory
agencies
HUD charges/pattern or practice referrals
Independent investigations under DOJ
pattern or practice authority
Citizen and other-sourced complaints
Types of Cases under FHA and ECOA
• Steering
• Redlining
• Underwriting
• Servicing
• Reverse Redlining/Predatory Lending
(if targeted at a protected class)
DOJ ECOA Enforcement
38 cases filed since 2010
38 cases settled since 2010
ECOA Enforcement: Example of
Recent Lending Case
U.S. v. BancorpSouth Bank
(N.D. Miss.)
Examples of DOJ Lending Cases Involving
Discrimination Against American Indians
United States v. First National Bank of Gordon,
Nebraska (D.S.D.)
United States v. Blackpipe State Bank (D.S.D.)
Title II of the Civil Rights Act of 1964
Prohibits discrimination based on race, color,
religion, and national origin in places of
Public Accommodation, including restaurants,
hotels, and places of exhibition or entertainment
(for example, a bar with live music, a sports
stadium, a movie theater)
DOJ Enforcement: Title II
DOJ can file lawsuit challenging
discrimination by a place of public
accommodation and seek a court order to
stop the discriminatory practices or policies
No monetary damages
Sources of Additional Information
Department of Justice, Civil Rights Division
www.justice.gov/crt
800-896-7743
Department of Housing and Urban Development
www.hud.gov
800-669-9777
Federal Government Accessibility Resources
www.ada.gov
800-514-0301
Consumer Financial Protection Bureau
www.consumerfinance.gov
855-411-2372
Servicemembers and Veterans Initiative
www.servicemembers.gov
202-307-SCRA (7272)
U.S. Department of Justice
Civil Rights Division
Housing and Civil Enforcement Section
www.justice.gov/crt/about/hce
800-896-7743; TTY 202-305-1882